Data
- Date:
- 18-12-2013
- Country:
- Finland
- Number:
- S 13/1060
- Court:
- Turku Court of Appeal
- Parties:
- Oy Pokostore Systems v TP-Konepajat Polska Ps.z. o.o
Keywords
LACK OF CONFORMITY - SELLER PREVENTED FROM RELYING ON UNTIMELY NOTICE IF IT COULD NOT BEEN UNWARE OF THE LACK OF CONFORMITY (ART. 40 CISG)
Abstract
A Polish seller and a Finland buyer concluded a contract for steel girders. A dispute arose between the parties as the goods turned out to be defective.
As to the applicable law, the Court of Appeal declared that the Court of first instance had erred in qualifying the contract as domestic, thus applying the Finnish domestic law to it. Instead, the contract at stake was between parties having their places of business in two different countries, and since both countries have ratified the Convention, CISG did apply to the merits of the dispute (Art. 1(1)(a) CISG).
Furthermore, the Court of Appeal found that, although it was agreed between the parties that all the delivered steel girders were painted, upon delivery a considerable part of them turned out to be unpainted. The fact that the goods were non-conforming was a circumstance that the seller could not have been unaware of; nevertheless, it did not disclose such a circumstance to the buyer. As a result, the Court ruled that the seller could not validly allege that notice of non-conformity by the buyer was untimely (Art. 40 CISG).
Lastly, the Court determined that the buyer was entitled to a price reduction based on Art. 50 CISG.
Fulltext
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Source
Original in Finnish and English Translation:
- available at www.cisg-online.org}}